Klein v. Bendix-Westinghouse Automotive Air Brake Co.

The sole question for determination is whether a discovery order of a trial court is subject to immediate appellate review. We hold that it is not.

The appellate jurisdiction of the Courts of Appeal does not extend beyond judgments and final orders. Section 6, Article IV, Ohio Constitution. Since no judgment is involved, a final order is required for the Court of Appeals to have jurisdiction.

The attitude of this court has long been that the definition of final orders is within the judicial province. Hoffman v. Knollman, 135 Ohio St. 170; Price v. McCoy Sales & Service, Inc., 2 Ohio St. 2d 131.…